Standard 11: Conservation Easement Stewardship Land trusts have a program of responsible stewardship for their conservation easements. Practices A. Funding Conservation Easement Stewardship 1. Determine Estimate the long-term stewardship and enforcement expenses of each conservation easement transaction 2. Track stewardship and enforcement costs B. Baseline Documentation Report 1. For each conservation easement, Hhave a baseline documentation report, with written descriptions, maps and photographs, for every conservation easement that documents: a. The conservation values protected by the easement b. The relevant conditions of the property as necessary to monitor and enforce the easement 2. Prepare the report prior to closing and have it signed by the landowner and land trust at or prior to closing a. In the event that seasonal conditions prevent the completion of a full baseline documentation report by closing, the landowner and land trust sign a schedule for finalizing the full report and an acknowledgement of interim data [that for donations and bargain sales meets Treasury Regulations 1.170A-14(g)(5)(i)] at closing 3. Prepare a supplement to the baseline or a current conditions report, signed by the landowner and the land trust, wwhen there are significant changes to the land or the conservation easement, (such as a result of an amendment or the exercise of a permitted right), document those changes in an appropriate manner, such as through monitoring reports, a baseline supplement or current conditions report C. Conservation Easement Monitoring 1. Adopt a written policy and/or procedure for monitoring conservation easements that establishes consistent monitoring protocols and recordkeeping procedures 2. Monitor each conservation easement properties property at least annuallyonce per calendar year a. If the land trust uses aerial monitoring, conduct on-the-ground monitoring at least once every five years b. Contemporaneously Promptly document the annual monitoring activities for each conservation easement D. Landowner Relationships 1. Maintain regular contact with owners of conservation easement properties to maintain relationships and avoid potential easement conflicts 2. Use Establish systems to track changes in land ownership 3. When the property changes hands, attempt to meet with the new owner or property manager and provide information in writing about the conservation easement's existence and restrictions and the land trust s stewardship policies and procedures E. Conservation Easement Enforcement 1. Adopt a written policy and develop written procedures for documenting and responding to potential conservation easement violations that describes the role of all parties
2. Investigate and contemporaneously document any actions taken to address, in a timely manner, potential violations in a timely manner and promptly document all actions taken 3. Involve legal counsel as appropriate to the severity of the violation and the nature of the proposed resolution F. Approvals and Permitted Rights 1. Develop a written procedure for respondingrespond to landowner required notices or requests for interpretation or approvals in a timely and consistent manner, as specified in the conservation easement deed or in a written procedure 2. Use a system to trackmaintain a permanent record of all notices, approvals and the exercise of any significant permitted rights 3. If using discretionary approvals, or if conservation easement documents deeds contain these such clauses, adopt establish written policies or procedures to guide the land trust s decision making for approvals G. Contingency PlansStrategy/Backups 1. Develop a contingency plan Take reasonable steps to provide for all the disposition of conservation easements in the event the land trust ceases to exist or can no longer steward and administer them 2. If a backup grantee is listed in the conservation easement, secure prior written consent of the backup grantee to accept the easement o To ensure that a backup or contingency holder will accept a conservation easement, have stewardship and enforcement funds available for transfer H. Amendments 1. Adopt a written policy or procedure addressing conservation easement amendments that includes are consistent with the Land Trust Alliance Amendment Principles and describes the roles of all parties 2. Use a high level of due diligence to eevaluate all conservation easement amendment proposals with due diligence sufficient to satisfy the Amendment Principles 3. If an amendment is used to adjust conservation easement boundaries (such as to remedy disputes or encroachment) and results in a de minimis extinguishment, document how the land trust s actions address the terms of J.1. below I. Condemnation 1. In the event of proposedif a conservation easement is threatened with condemnation, a. Take appropriate action to attempt to prevent a net loss ofsteps to avoid or mitigate harm to conservation values and document the actions taken b. Have or obtain appropriate documentation of the percentage of the full value of the property represented by the conservation easement c. Document the land trust s attempts to receive its proportional share of the proceeds and use any proceeds in a manner consistent with the conservation easement purposesdeed J. Partial or Full Extinguishment 1. In the rare case when that it is necessary to extinguish a conservation easement, in whole or in part,
a. Follow the terms of the conservation easement with respect to taking appropriate action, including and obtaining judicial or regulatory review when specifiedrequired by law or specified in the easement deed b. Ensure there is no private inurement or impermissible private benefit c. Prevent a net loss of importanttake steps to avoid or mitigate harm to conservation values or use any proceeds in a manner consistent with the conservation easement purposesdeed d. Consider the land trust s actions in the context of its reputation and the impact on the land conservation community at large 2. If a de minimis extinguishment is used to correct or adjust conservation easement boundaries, such as to remedy disputes or encroachment, document the land trust s actions and meet the terms of J.1. above
Standard 11: Conservation Easement Stewardship Land trusts have a program of responsible stewardship for their conservation easements. Practices A. Funding Conservation Easement Stewardship 1. Estimate the long-term stewardship and enforcement expenses of each conservation easement transaction 2. Track stewardship and enforcement costs B. Baseline Documentation Report 1. For each conservation easement, have a baseline documentation report, with written descriptions, maps and photographs, that documents: a. The conservation values protected by the easement b. The relevant conditions of the property as necessary to monitor and enforce the easement 2. Prepare the report prior to closing and have it signed by the landowner and land trust at or prior to closing a. In the event that seasonal conditions prevent the completion of a full baseline documentation report by closing, the landowner and land trust sign a schedule for finalizing the full report and an acknowledgement of interim data [that for donations and bargain sales meets Treasury Regulations 1.170A-14(g)(5)(i)] at closing 3. When there are significant changes to the land or the conservation easement (such as a result of an amendment or the exercise of a permitted right), document those changes in an appropriate manner, such as through monitoring reports, a baseline supplement or current conditions report C. Conservation Easement Monitoring 1. Adopt a written policy and/or procedure for monitoring conservation easements that establishes consistent monitoring protocols and recordkeeping procedures 2. Monitor each conservation easement property at least once per calendar year a. If the land trust uses aerial monitoring, conduct on-the-ground monitoring at least once every five years b. Promptly document the annual monitoring activities for each conservation easement D. Landowner Relationships 1. Maintain regular contact with owners of conservation easement properties to maintain relationships and avoid potential easement conflicts 2. Establish systems to track changes in land ownership 3. When the property changes hands, attempt to meet with the new owner or property manager and provide information in writing about the conservation easement and the land trust s stewardship policies and procedures E. Conservation Easement Enforcement 1. Adopt a written policy and develop written procedures for documenting and responding to potential conservation easement violations 2. Investigate potential violations in a timely manner and promptly document all actions taken 3. Involve legal counsel as appropriate to the severity of the violation and the nature of the proposed resolution
F. Approvals and Permitted Rights 1. Respond to landowner required notices or requests for interpretation or approvals in a timely and consistent manner, as specified in the conservation easement deed or in a written procedure 2. Maintain a permanent record of all notices, approvals and the exercise of any significant permitted rights 3. If using discretionary approvals, or if conservation easement deeds contain such clauses, establish written procedures to guide the land trust s decision making for approvals G. Contingency Strategy 1. Take reasonable steps to provide for the disposition of conservation easements in the event the land trust ceases to exist or can no longer steward and administer them H. Amendments 1. Adopt a written policy or procedure addressing conservation easement amendments that are consistent with the Land Trust Alliance Amendment Principles 2. Evaluate all conservation easement amendment proposals with due diligence sufficient to satisfy the Amendment Principles 3. If an amendment is used to adjust conservation easement boundaries (such as to remedy disputes or encroachment) and results in a de minimis extinguishment, document how the land trust s actions address the terms of J.1. below I. Condemnation 1. If a conservation easement is threatened with condemnation, a. Take steps to avoid or mitigate harm to conservation values and document the actions taken b. Have or obtain appropriate documentation of the percentage of the full value of the property represented by the conservation easement c. Document the land trust s attempts to receive its proportional share of the proceeds and use any proceeds in a manner consistent with the conservation easement deed J. Partial or Full Extinguishment 1. In the rare case that it is necessary to extinguish a conservation easement, in whole or in part, a. Follow the terms of the conservation easement with respect to taking appropriate action and obtain judicial or regulatory review when required by law or specified in the easement deed b. Ensure there is no private inurement or impermissible private benefit c. Take steps to avoid or mitigate harm to conservation values or use any proceeds in a manner consistent with the conservation easement deed d. Consider the land trust s actions in the context of its reputation and the impact on the land conservation community at large